(1) Revocation and suspension of license and imposition of administrative fines. The Director may revoke or suspend the respondent’s license and may impose and collect administrative fines not to exceed $3,000 per violation of the Act or these rules:
- (a) Upon a finding that the respondent has provided false information in an application;
- (b) Upon a finding that respondent has violated the applicable Standards of Practice or Code of Ethics promulgated by the Building Commission;
- (c) Upon a finding that any of the insurance coverages required in Rule 170-X-24-.05 has ceased to be effective; or
- (d) Upon a finding by the Director that the respondent has failed to comply with any requirement of the Act or these rules.
(2) Considerations. In determining whether a license should be revoked or suspended and the imposition of any fines, the Director shall consider all the relevant factors, including, but not limited to, the following:
- (a) The severity of the offense;
- (b) The danger to the public;
- (c) The number of repetitions of offenses;
- (d) The length of time since the date of violation;
- (e) The number of complaints filed against licensee;
- (f) The licensee’s experience;
- (g) The actual damage, physical or otherwise;
- (h) The deterrent effect of the penalty imposed; and
- (i) Any other mitigating or aggravating circumstances.
- (3) Surrender of License. Upon the Director’s revocation or suspension of a license, the licensee promptly shall surrender to the Director the license certificate issued to the licensee.
Author: Kippy Tate
Statutory Authority: Code of Ala. 1975, §§34-14B-1, et seq.; 41-9-140, et seq.
History: New Rule: Filed September 23, 2002; effective October 28, 2002.